Appellate

  • January 23, 2020

    Murdered Sisters Not Enough To Win Asylum, 11th Circ. Says

    A Honduran asylum-seeker whose sisters were both murdered lost his bid to stay in the U.S. on Thursday after the Eleventh Circuit found he hadn’t proved he would face future danger if deported.

  • January 23, 2020

    Tribal Co. Deserves Same Exemption As Tribe, 9th Circ. Hears

    A tribal business entity should enjoy the same exemption from California excise tax that is afforded to tribes themselves, a Native American cigarette company has told the Ninth Circuit.

  • January 23, 2020

    States Tells Justices $7B Pipeline Can't Cross Trail

    A slew of states on Wednesday asked the U.S. Supreme Court to find that the $7 billion Atlantic Coast gas pipeline should not be given a right-of-way to cross the Appalachian Trail.

  • January 23, 2020

    Pa. Appeals Court Says Nurses' Wage Suit Dead On Arrival

    A Pennsylvania appellate panel reversed a lower court decision that revived nurses' claims that a handful of hospitals systematically underpaid them, saying a state trial court lacked jurisdiction because the decade-old case was transferred to federal court, which never relinquished its control of the dispute.

  • January 23, 2020

    Ground Rules For Live-Video Testimony Spelled Out In NJ

    A New Jersey state appeals court on Thursday said judges should consider the substance of witness testimony, among other factors, in deciding whether they can testify via live video at a civil trial, ending at least eight years of uncertainty about the parameters of testimony condoned by the state Supreme Court but unaddressed in state court rules.

  • January 23, 2020

    Media Can Argue Truth Defense In Texas Defamation Case

    A trial court wrongly failed to consider the truth of an article when it declined to dismiss a defamation lawsuit brought against ProPublica Inc. and the Houston Chronicle, a Texas appellate panel ruled Thursday.

  • January 23, 2020

    Enviro Claims FERC Approved Unneeded $286M Pipeline

    The Environmental Defense Fund is asking the D.C. Circuit to invalidate the Federal Energy Regulatory Commission’s approval of a proposed $286 million, 65-mile gas pipeline in Illinois and Missouri, arguing that the agency did not adequately evaluate the project before issuing its decision. 

  • January 23, 2020

    States, ABA Urge High Court To Affirm Migrant Habeas Review

    A coalition of 20 attorneys general and the American Bar Association told the U.S. Supreme Court Wednesday that expedited removal of migrants fails to sufficiently safeguard against erroneous deportations, weighing in on a fight over court authority to review whether asylum-seekers credibly fear persecution.

  • January 23, 2020

    9th Circ. Upholds FCC's Bid To Speed Copper Retirement

    A Ninth Circuit panel on Thursday negated an attempt by public advocacy organizations to challenge a Federal Communications Commission rule that sped the transition from copper to fiber networks, finding the groups weren’t directly connected to the matter.

  • January 23, 2020

    50 Cent Says Judge Erred In Tossing Case Against Rick Ross

    The Second Circuit pondered Thursday whether a Connecticut federal judge was right in applying copyright law to preempt rapper 50 Cent's state-law claim that rival Rick Ross exploited the former's likeness when Ross used 50 Cent's hit song "In da Club" to promote his own album, "Black Market."

  • January 23, 2020

    USPTO Concerned Fed. Circ. Is Invoking Arthrex 'Reflexively'

    A Federal Circuit panel "reflexively" invoked the court's Arthrex decision when vacating a Samsung Patent Trial and Appeal Board win and ordering a redo, even though the patent owner hadn't argued at the board that patent judges are unconstitutionally appointed, the federal government has told the full court.

  • January 23, 2020

    Immigration Attys Tell Justices Law Criminalizes Good Advice

    Giving accurate and ethical legal advice should not be a crime, immigration attorneys have told the U.S. Supreme Court in a case challenging a statute that makes it a felony to encourage unauthorized immigrants to remain in the country.

  • January 23, 2020

    Shipper Faces New Trial Over Damaged Pipe Delivery

    A new trial is required after a court improperly limited a Texas shipping company's liability in a $400,000 dispute with Zurich American Insurance Co. over a shipment of damaged pipe, a Texas appeals court held Thursday.

  • January 23, 2020

    NJ High Court Nixes FedEx Driver's Slip-And-Fall Claim

    The New Jersey Supreme Court on Thursday upended a state appellate ruling that a property owner may be held liable for a FedEx driver's fall on the icy driveway of the car dealership that rents the property, saying a lease agreement made clear that the dealership was responsible for maintaining the premises.

  • January 23, 2020

    Telecoms Ask Fed. Circ. For Second Crack At TQ Delta Patents

    A coalition of telecom giants and technology companies have challenged a Federal Circuit decision reinstating two patents on high-speed transmission technology, insisting they have evidence proving the inventions are obvious that the court never considered. 

  • January 23, 2020

    MLB Hall Of Famer Keeps Win In Biker's Injury Suit

    An Arizona appeals court on Thursday handed a win to Major League Baseball Hall of Famer Tony La Russa in a suit alleging he was negligent for keeping a cable fence on his property that injured a bicycle rider, finding that the trial court was correct in determining the rider was trespassing on his land.

  • January 23, 2020

    Tribe Urges 9th Circ. To Revive Gambling Compact Suit

    A Native American tribe is asking the Ninth Circuit to reverse a lower court ruling that California acted in good faith during negotiations over a gambling compact, saying talks broke down because the state was unwilling to discuss compact changes.

  • January 23, 2020

    Pa. Justices Won't Review Asbestos Suit's Revival

    The Pennsylvania Supreme Court has refused to disturb an appeals court's ruling that will let the case of a carpenter who worked on asbestos-laden fire doors for years before dying of mesothelioma have its day in court.

  • January 23, 2020

    Deny Bids To Kill AT&T Rate Rulings, Gov't. Urges DC Circ.

    The Federal Communications Commission is urging the D.C. Circuit to stay out of a rate dispute between AT&T and an Iowa local exchange carrier, saying both companies are seeking to overturn an FCC decision that was based on established agency rules for resolving these kinds of disagreements.

  • January 23, 2020

    Texas Court Changes Course To OK Permian Lease Fight Win

    A Texas appellate court on Thursday determined Pathfinder Oil & Gas Inc. is entitled to a 25% working interest in a group of Permian Basin leases, after the Texas Supreme Court held the court had wrongly wiped out a verdict for Pathfinder.

  • January 23, 2020

    Tiffany's $21M Win Over Costco On Thin Ice In 2nd Circ.

    The Second Circuit looked ready Thursday to undo Tiffany & Co.'s $21 million victory over Costco Wholesale Corp. in a trademark fight over diamond rings, with three appellate judges suggesting a jury was deprived of its chance to decide if the retailer willfully traded on the jeweler's name.

  • January 23, 2020

    Roofing Co. Escapes Former Worker's $3.2M Asbestos Verdict

    An Illinois state appellate panel has reversed a family's $3.2 million asbestos trial win and ordered judgment in favor of roofing material maker Tremco Inc., saying the family didn't prove the company's products substantially factored into a former employee's fatal cancer.

  • January 23, 2020

    Fed. Circ. Cites Arthrex In Redo Of Vinyl Siding Cleaner IP

    In light of the Arthrex ruling that Patent Trial and Appeal Board judges are unconstitutionally appointed, the Federal Circuit has ordered the PTAB to hold a new hearing for its review of a patent covering a way to clean vinyl siding. 

  • January 22, 2020

    DC Circ. Won't Reconsider EPA Pollution Policy Ruling

    The D.C. Circuit on Wednesday rejected a request by environmentalists and California to reconsider a split panel's ruling that courts can't review a U.S. Environmental Protection Agency memorandum rescinding its "once in, always in" air pollution permitting policy.

  • January 22, 2020

    Congress Weighs In On SEC Disgorgement Power Challenge

    Two dozen members of Congress told the U.S. Supreme Court on Wednesday that stripping the U.S. Securities and Exchange Commission's power to seek disgorgement in civil cases would upend decades of legislation and buck sound precedent undergirding the nation's securities laws.

Expert Analysis

  • Sexual Assault Ruling Increases Exposure For NYC Employers

    Author Photo

    In Breest v. Haggis, a New York appellate court ruled that a New York City anti-violence law extends to workplace sexual assault claims and provides an avenue for financial recovery, making proactive assessment of workplace culture and harassment claims crucial for employers, say attorneys at Holland & Knight.

  • Recent Developments Show Importance Of Int'l Sport Court

    Author Photo

    Ian Blackshaw, a member of the Court of Arbitration for Sport, provides an overview of the court and analyzes recent changes and cases, including a hearing on the Russian athletes' ban by the World Anti-Doping Agency.

  • Fed. Circ. Opinion Relaxes Contract Disputes Act Jurisdiction

    Author Photo

    The Federal Circuit’s recent decision in DAI Global v. Administrator of USAID, reversing the Civilian Board of Contract Appeals' decision to dismiss a government contractor's case for lack of jurisdiction, is a welcome step toward simplifying the Contract Disputes Act’s jurisdictional requirements, says Nathaniel Castellano at Arnold & Porter.

  • Why Justices Declined Review Of Scientist's Defamation Case

    Author Photo

    The U.S. Supreme Court's recent certiorari denial allowing climate scientist Michael Mann’s defamation case to proceed against the Competitive Enterprise Institute and others was solidly grounded in precedent, since the defendants' statements against Mann could reasonably be viewed as relying on facts, says Phillip Zisook of Schoenberg Finkel.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

    Author Photo

    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

    Author Photo

    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • A Noncompete Consideration Split In Ill. State, Federal Courts

    Author Photo

    Two recent decisions illustrate the division between Illinois state and federal courts over what constitutes adequate consideration to support enforceable noncompete agreements, but simple drafting practices can render the debate irrelevant in either court system, say attorneys at Michael Best.

  • Justices' IBM Ruling Gives Life To ERISA Disclosure Liability

    Author Photo

    The U.S. Supreme Court's recent decision in IBM v. Jander leaves unresolved a conflict between disclosure obligations under the Employee Retirement Income Security Act and federal securities laws, boosting the so-called inevitable disclosure theory for ERISA liability, say attorneys at Skadden.

  • Ritzen Creates Uniformity On Bankruptcy Stay Appeals Timing

    Author Photo

    The U.S. Supreme Court ruled last week in Ritzen v. Jackson Masonry that orders determining motions for relief from the automatic stay in bankruptcy cases must be appealed within 14 days of their entry, which will ensure greater certainty in the overall outcomes of cases, says Elyssa Kates at BakerHostetler.

  • Stark Law Uncertainty Follows 3rd Circ.'s UPMC Opinion

    Author Photo

    The Third Circuit recently amended its September decision in U.S. v. University of Pittsburgh Medical Center, removing a controversial interpretation of the volume-or-value standard under the Stark Law. However, the court's approach is not in line with the Centers for Medicare & Medicaid Services' analysis regarding indirect compensation arrangements, says Karl Thallner of Reed Smith.

  • Key Trends In Energy Antitrust Enforcement And Litigation

    Author Photo

    Antitrust agencies and private litigants continued to focus on the energy industry in 2019, and new antitrust policy initiatives announced by the U.S. Department of Justice last year will offer energy companies opportunities to avoid prosecution in certain cases, say attorneys at Vinson & Elkins.

  • 5 Predictions For FCPA Enforcement In 2020

    Author Photo

    In addition to joining the chorus of others who predict that increased global engagement by U.S. authorities will lead to record levels of Foreign Corrupt Practices Act enforcement, we also expect 2020 will bring changes in FCPA restitution, calculation of damages, declinations to prosecute and more, say attorneys at V&E.

  • Litigating FRAND Rates After Fed. Circ. Ericsson Decision

    Author Photo

    After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

  • State Net

    Obamacare Clings To Life As States Expand Medicaid

    Author Photo

    While the Affordable Care Act faces new court challenges, the public's growing support for the law and states' increasing interest in its Medicaid expansion option suggest it may have political staying power, says Lou Cannon of State Net Capitol Journal.

  • Calif. Ruling Clears Up Pay Stub Rules For Company Names

    Author Photo

    A California appellate court recently ruled in Noori v. Countrywide Payroll that use of an unregistered acronym on wage statements violated the state’s Labor Code, providing guidance on the requirement that pay stubs include an employer’s legal name, says Kirsten Gallacher at Wilson Turner.